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Terms and Conditions

TERMS OF USE

Welcome to www.SubziWale.com for the range of retailed products in India. The terms and conditions contained herein along with the Privacy Policy and Agreement regulating our relationship with regard to the use of www.SubziWale.com by you.

You are advised to read this Agreement carefully before entering into a transaction on www.SubziWale.com. If you accept this agreement, it will be a legally binding agreement between you and www.SubziWale.com.

Your visit to this website is subject to this Payment, Delivery and Returns Policy and Terms and Conditions and our Privacy Policy available here on this website.

By using the website and/or registering yourself at SubziWale.com, you authorize us, our affiliates & our associate partners to contact you via email or phone call or sms and offer you their services for the product you have opted for, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, as well as web aggregation, personally identifiable information may be collected as detailed below. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from SubziWale.com and associate partners for the above mentioned purposes till 45 days of your registration with us. This Privacy Policy covers SubziWale.com treatment of personally identifiable information that SubziWale.com collects when you are on the SubziWale.com site, and when you use SubziWale.com services. This policy also covers SubziWale.com treatment of any personally identifiable information that SubziWale.com business partners share with SubziWale.com. This policy does not apply to the practices of companies that SubziWale.com does not own or control or to people that SubziWale.com does not employ or manage. SubziWale.com collects personally identifiable information when you register for a SubziWale account, when you use certain SubziWale.com products or services, when you visit SubziWale.com or any other affiliated site, and when you enter promotions. SubziWale.com may also receive personally identifiable information from our business partners. When you register with SubziWale.com, we ask for your first name, last name, state, city, email, birth date, and gender. Once you register with SubziWale.com and sign in to our services, you are not anonymous to us. Also during registration, you may be requested to register your mobile phone and email id, pager, or other device to receive text messages, notifications, and other services to your wireless device. By registration you authorize us to send sms/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.

By placing an order on this site you are entering into a purchase/sale transaction with SubziWale.com. The terms and conditions are enumerated as follows SubziWale.com is the licensed owner of the brand SubziWale.com and the website SubziWale.com

Except as otherwise expressly stated with respect to our products, everything on this site is offered on an “as is” basis without any warranty whatsoever either express or implied. SubziWale.com makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose.

SubziWale.com does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or defects will be corrected even if SubziWale.com is aware of them.

Personal Use

Your use of the materials included on this site is for informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless SubziWale.com for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to SubziWale.com and that in the event of an unauthorized use, SubziWale.com shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Feedback and Submissions

You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

While we appreciate your interest in SubziWale.com, we do not want and cannot accept any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Consequently, any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived.

PAYMENT, DELIVERY, RETURNS/ ONLINE PURCHASE POLICY

Definitions

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this Agreement as amended, supplemented, varied or replaced time to time.

“Vendor”/”Seller”/”Affiliate” shall mean the person or any legal entity who offers for sale, sells the products or services on www.SubziWale.com

“Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on site by placing an order for and or purchases any products offered for sale on the site.

“User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller/Affiliate using or accessing the services provided on this Site.

Eligibility

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term

This Agreement shall continue to be in full force and effect for so long as you are using the site. The site provides the online shopping plat wherein the Users can purchase/buy the products and services listed on it pursuant to the terms and conditions set forth below. By clicking on the “Proceed to Payment” button, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations.

Termination

Either User/ You or SubziWale.com may terminate the agreement at any time, with or without cause. However, SubziWale.com reserves the right, in its sole discretion, to terminate your access to the products and services offered on the site or any portion thereof at any time, without notice.

Modification of Terms and Conditions

SubziWale.com may at any time modify the terms and conditions contained on the Site without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time. You should regularly review the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the site. However, if you continue to use the site you agree to accept and abide by the modified Terms and Conditions.

Online Shopping Platform

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

SubziWale.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.

After the receipt of payment from the Buyer or and getting a commitment to be paid cash on delivery as the case may be, SubziWale.com shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Product Pricing

Product prices listed on the website are current. While every care has been taken to label the products accurately, errors in data entry and updation may occur. SubziWale.com reserves the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice.

All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.

All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising of an invoice. Some products which are listed on the web stores such as fresh fruits and vegetables are products where prices change on a daily basis. You will be billed the prices prevalent during the invoicing of the products.

Out of Stock situations

Our endeavor is to ensure that all products listed on the site are available in stock for dispatch to the buyer. However in case this in not available for any reason, we will contact you and give you the option to exchange or cancel the order based on your convenience.

Payment Options

The following modes of payments are available:

a) Credit Cards – Master Card, Visa, Diners

b) Debit Cards – Master Card, Visa, Maestro and Rupay

c) Netbanking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases

d) Cash On Delivery

e) Card on Delivery facility is also available on request.

In this section you will be asked for address and other contact information as well as payment related information. Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same.

Security

Online payment Transactions on the website are processed via the payment gateways which are secured by themselves for which SubziWale.com is not liable/ responsible. Any information you enter when transacting is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. Credit card and Debit card information is not stored by us and is not taken by us. This information is taken directly by the payment gateway provided who is authorized and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

Suspension due to non-compliance with Agreement

Notwithstanding other legal remedies that may be available to SubziWale.com may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site.

If the User is in breach any of the terms and conditions of this Agreement;

If the User has provided wrong, inaccurate, incomplete or incorrect initiation;

If your actions may cause any harm, damage or loss to the other Users or SubziWale.com.

Indemnity

User agrees to defend, indemnify and hold harmless SubziWale.com, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

Governing Law and Jurisdiction

This website is created and controlled by SubziWale.com in Jamshedpur, India and the laws of India shall apply. This agreement is governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Jamshedpur, Jharkhand, India, in all disputes arising out of or relating to the use of the SubziWale.com. Site. Use of the SubziWale.com. Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold SubziWale.com, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the SubziWale.com Site.

Intellectual Property Rights

SubziWale.com and other names, graphics, logos, and icons identifying SubziWale.com or its products or services are the proprietary marks of SubziWale.com. These IPR’s may not be used in connection with any product or service that is not offered by SubziWale.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SubziWale.com. All other trademarks not owned by SubziWale.com that appear on this site are the property of their respective owners.

Entire Agreement

These Terms and Conditions, together with privacy policy, and other rules and policies posted on the site, which are hereby incorporated as set forth fully in these Terms and Conditions, constitute the entire agreement between you and SubziWale.com with respect to your use of and material available through the site, and they supersede all prior or contemporaneous communications and proposals between you and SubziWale.com with respect to this site. Any rights not expressly granted in these Terms and Conditions are reserved.

Submissions

SubziWale.com welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content you contribute to SubziWale.com will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for SubziWale.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works , display worldwide, or act on such content, without additional approval or consideration, in any , media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by SubziWale.com will not infringe upon or violate the rights of any third party.

Shipment of Products

We take no responsibility for goods signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. The delivery will NOT be redirected / redelivered to any other address in any circumstance.

The selected product will be delivered to only certain areas / PINCODES of that city if it is mentioned as “available” on this Site.

SubziWale.com shall not be held responsible for damage of products after delivery.

SubziWale.com will contact the customer on the first time & confirm the date, time & address of delivery. If the delivery fails due to following reasons, SubziWale.com will contact the customer 2nd time to deliver goods & levy delivery charges for the second attempt. In case the customer refuses to pay the second time delivery charges, SubziWale.com will refund the entire order money to the Customer.

SubziWale.com will consider the order delivery “failed” in the following cases

Delivery not done due to wrong address.

Recipient not available.

Premises locked.

In case of floods/ Heavy Rains/ National or State Bandh we reserve the right to reschedule the delivery for another date.

In case the product is not delivered due to any of the above reasons, we will inform you about the same.

All claims for shortages or damages must be reported to customer service at the time of delivery to our representative who has come to deliver the products and followed up on contact us page on the web store. Also the said shortage of goods needs be highlighted and signed on the delivery challan/ Invoice copy and returned to the delivery person.

Delivery Charges

Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and consumers will know about this before making payments.

Product returns

Once products are delivered to you and accepted as accurate and as per the original order, there is no refund or exchange possible.

To return any items that are damaged or expired or not as per your original order, Please return these products to the delivery person along with a remark on the delivery receipt/ Invoice. Please contact customer service by email through the contact us link on the website (https://www.SubziWale.com) mention the return of products along with the order number, and the date of delivery.

All exchanges or refunds will be accepted only at the time of delivery, post the delivery personnel has left the premises, no claims/requests can be accepted for exchange/return of the products

Disclaimer

“We as a Retailer shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”. Thank you for visiting www.SubziWale.com.